3 ms·

> he key elements of this offense are that someone else impersonated you in some way, and they derived some benefit from doing so. Is Facebook usage of their u

• Pyxl101 11y ago
  If Facebook used their photos to claim to be them, then maybe it would be impersonation. Using their photos in advertising is not claiming to be them.
• davismwfl 11y ago
  If Facebook uses your picture for advertisement purposes it generally falls under "using your likeness" and is covered under their terms of service about advertising. They are not impersonating you because they are not claiming to be you, they are instead using your likeness to promote either themselves or their clients. This is similar to agreements you might sign with an employer, photographer or other third party so they can use your photo in an ad or as part of marketing material. And from what I understand (IANAL) the requirements vary from state to state in the US and obviously outside the US. Although there are blanket terms that cover it from what I have seen. BTW -- Anytime you have professional photos done, this is something you should always look for and make sure you are comfortable with the terms they lay out in their "Agreement". Many have boiler plate in their agreements that states they can use your likeness without paying you for it and without prior written consent. I just went through this when looking for a professional photographer when we had some family photos done as I don't want anyone using images of my family or kids.